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Open Access. Powered by Scholars. Published by Universities.®

2006

Housing Law

Matthew Parlow

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Full-Text Articles in Law

Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow Dec 2005

Unintended Consequences: Eminent Domain And Affordable Housing, Matthew J. Parlow

Matthew Parlow

The continuing controversy regarding Kelo v. City of New London demonstrates that there are a number of problems and tensions associated with eminent domain that entice scholars. This article addresses one such problem: the singular link between eminent domain and affordable housing. Though rarely discussed, this link reveals a long history of cities' use of their eminent domain power to advance development projects that rarely include affordable housing. Moreover, when cities condemn property through eminent domain to further new development projects, they often do so in a manner that undermines many of the goals of building more affordable housing. As ...